Witnesses called on to respond

TWO witnesses for Southern Highlands Governor William Powi were called yesterday out of its 16 witnesses to respond to evidence tendered by petitioner Pr Bernard Kaku in relation to the election petition case for the regional seat in the 2017 general elections.
The matter, presided by Justice David Cannings, went through its third day of trial and will continue today as more witnesses are called.
Pr Kaku closed his case on Friday after calling five witnesses.
When the case was before the court yesterday morning, Powi’s lawyer Allan Baniyamai made a no-case submission saying that the evidence presented, so far, was insufficient.
Justice Cannings refused the submission and said there was evidence that needed to be responded to.
The matter returned in the afternoon for Powi and the Electoral Commission to call their witness.
Powi has 14 more witnesses to call. The EC’s witnesses will be called after that.
Prior to the witnesses being called, EC lawyer Harvey Nii said they had a stay application on foot pending the hearing of a slip rule application after leave for a slip application was granted on Friday.
He asked for the trial to be deferred until the hearing of the slip application.
Powi’s lawyer also raised same issues.
Pr Kaku’s lawyer Ralph Diweni did not agree with Nii’s applications and asked the court to proceed with the trial. Justice Cannings accepted Diweni’s submissions and continued with the trial.
“Supreme Court order of 2020, which ordered that trial should be expedited,” he said.
“The petition was filed three and a half years ago and has been subject to prolonged delay.
“My view remains that trial must be expedited.”